Criminal Defense Attorneys

Criminal Defense Attorneys

Law Offices of Tony M. Seyfi, A Professional Law Corporation

Violent Crimes, Sex Crimes, Alcohol and Drug Offenses, White Collar and Theft Crimes, Juvenile Matters

Rape

We are experienced and aggressive in defending rape cases in all Southern California criminal courts including Los Angeles, Pasadena, Glendale, Van Nuys, and San Fernando. Under California Penal Code Section 261, rape is defined as sexual penetration of a victim without her consent. Rape is usually forcible because it is done against the victim's will. There is no consent if intercourse or penetration is done by force or threat of force, or by actual harm to the victim or her immediate family. Rape can also be established if the victim could not consent to the defendant's act due to her mental incapacity or illness, her age, or the effect of medication, drugs or alcohol intoxication.

For a free consultation, CALL 866-533-3363

If rape results in bodily injury to the victim, or if the defendant uses a weapon in order to perpetrate the crime, an aggravated rape may be charged. The prosecutor may charge one separate count of rape for each penetration whether done by an object or by defendant's genital organ.

Rape charges may be coupled with additional counts of oral copulation. Aggravated circumstances may also be alleged by the prosecutor due to the manner in which the rape took place or because of the use of weapons. Sometimes additional crimes such as kidnapping, assault, torture, and false imprisonment are added to the rape charge in order to enhance the possible penalties and increase the potential incarceration of the defendant.

Defenses to Rape

Numerous defenses are available to a rape charge. An experienced attorney must carefully examine the case to find out what particular defense must be alleged and argued.

"Alibi or Mistaken Identity"

One common defense is "alibi". Here, defendant claims that he was not present at the crime location at the time and place the rape is said to have taken place. An alibi defense requires detailed examination of all reports and schedules and time lines. The time of the rape must be established using experts. A forensic expert and an experienced investigator must also be hired to check the circumstances of the rape, do DNA testings, inspect and test each item of clothing worn by the defendant and the victim at the time of the alleged rape, cross-check all events sorrounding the rape, and study the possibility of defendant's presence at the crime location when it occurred.

Alibi is usually coupled with the defense of mistaken identity. Sometimes a defense attorney may need to request a line-up identification to rule out the defendant as the rape suspect. All circumstances leading to the identification of the defendant by the victim or an eye witness need to be examined to be able to create a reasonalbe doubt that the defendant was not the person who committed the rape.

Witness statements must be obtained from defendant's and victimís employer and/or co-workers, family members, and friends to corroborate defendantís alibi defense. This includes only some of the investigation and preparation that needs to be done to present an alibi defense in a rape case. An alibi defense is case specific and requires the study of the totality of the circumstances by an experienced attorney in the area of rape defense.

"Consent to Sex"

Another defenses to a rape charge is "consentual sex". Here, the defendant claims there was sex, but it was not by force or threat of force. So, the defense is that two consenting adults willingly socialized and later engaged in intercourse. Here, the defense attorney will generally look for a "motive to lie" or "bias" on the part of the vicitm. For instance, rape charges are sometimes brought to later sue in civil court for money. Rape charges are also a common method of retaliation or to sort out past dealings.

A rape charge should be taken very seriously and must be defended by an experienced attorney specialized in the sex crimes area. For a free consultation, CALL 866-533-3363

Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.

Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.

866-533-3363
Law Offices of Tony M. Seyfi,
Criminal Defense Attorney
9777 Wilshire Blvd. Suite 900
Beverly Hills, CA 90212
Tel: (213) 252-1000
Tel: (818) 788-2010
E-mail: help@zerojail.com


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Legal Disclaimer: This web site is for informational purposes only and its use does not constitute legal advice and does not create an attorney-client relationship. You should not act or rely on any information on this web site without first seeking the advice of a Criminal Defense attorney. The Law Offices of Tony M. Seyfi makes no representation or warranty regarding the materials on this web site and assumes no liability for the use or interpretation of information contained herein. The information provided on this web site is provided without warranty of any kind to anyone.

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